Northern rock / wallers taking me to court

[no_dosh]

hi everyone, i hope there is someone out there who can help me with a problem i have with Northern Rock / Wallers Solicitors. I had a personal loan from northern rock in May 2004 to the value of £8000. Because of the date that the loan was taken out and the fact that it seemed like alot of banks and credit card companies were setting up the agreements incorrectly, i sent of a cca request. N/Rock sent me a copy of the agreement which i have check against the Consumer Credit (agreements) regulations1983 (si 1983/1553) schedule 6 (prescibed terms). everything looks ok apart from the fact that it does NOT show the "interest rate" of the loan , it only states the "apr". Now as i understand the regs , its states the agreement must show the "interest rate". i know the apr can include the interest rate , but it can also include within that fiqure any other amounts or fees related to the loan. i am also of the opinion that an apr fiqure can be shown to the nearest decimal point which would also make the apr a fiqure which is not strictly accurate.

N/Rock and Wallers have now sent me a county court claims form which i either have to defend or admit defeat. is there a helpful person out there who can assist me in this situation. Because of the interest not being shown issue does the agreement fail the prescribed terms so making the agreement unforceable ?

other issues i may have with the agreement is that there is no cancellation box on the agreement . i think they can send this out after 7 days but i dont remember receiving it.

Norther Rock also sent me terms and condition sheet which bears no connection to me . it is just a computer printed draft without my name nor address. there is no information on the document which relates itself to the credit agreement , ie .page number.

The credit agreement itself is a photo copy of the original.

Could these issues also mean that the agreement is unenforceable ?

i appreciate any help . thanks

[silverfox1961]

Just giving your post a bump as I'm useless at court procedures

[Winged Piglet]

Hi,

You need to defend this otherwise Wallers/NR will just go for summary judgment and possible CO which is their usual course.

 

Are you able to scan up a copy of the agreement for everyone to assess?

 

Also don't forget the Default Notice and Formal Demand/Termination Notice - were you sent these - do you have a copy? as they are often invalid which you can use as part of your defence.

[Pipster2797]

any PPI on it as NR were always adding it to the unsec loans

 

Have a read of my thread as also being taken to court by Wallers